Nebraska Administrative Code
Topic - MOTOR VEHICLES, DEPARTMENT OF
Title 252 - NEBRASKA ADMINISTRATIVE CODE
Chapter 1 - RULES AND REGULATIONS GOVERNING HEARINGS TO CONTEST THE DEPARTMENT OF MOTOR VEHICLES DETERMINATION OF THE MANUFACTURER'S SUGGESTED RETAIL PRICE OF PASSENGER CARS, TRUCKS UTILITY VEHICLES, AND VANS, WEIGHING UP TO FIVE (5) TONS PURSUANT TO NEB. REV. STAT. SECTION 60-3005
Section 252-1-003 - Prohibitions Against Ex Parte Communication

Universal Citation: 252 NE Admin Rules and Regs ch 1 § 003

Current through September 17, 2024

003.01 Prohibitions: When Applicable. The prohibitions found in this section shall apply beginning at the time notice for hearing is given.

003.02 Prohibitions: to Whom Applicable.

003.02A Persons in Decision Making Roles. No party in a contested case or other person outside the Department having an interest in the contested case shall make or knowingly cause to be made an ex parte communication to the hearing officer or to a Department head or employee who is or may reasonably be expected to be involved in the decision making process of a contested case.

003.02B Investigators. No Department head or employee engaged in the investigation or enforcement of a contested case shall make or knowingly caused to be made an ex parte communication to a hearing officer or to a Department head or employee who is or may reasonably be expected to be involved in the decision making process of a contested case.

003.03 Disclosures of Contacts. The hearing officer or Department head or employee who is or may reasonably be expected to be involved in the decision making process of the contested case who receives or who makes or knowingly causes to be made an ex parte communication set forth in subsections 003.02A through 003.02B shall file in the record of the contested case:

003.03A AU such written communications;

003.03B Memorandum stating the substance of all such oral communications; and

003.03C All written responses and memorandum stating the substance of all oral responses to all the ex parte communications.

003.03D The filing shall be made within two (2) working days of the receipt or making of the ex parte communication. Notice of the filing, with an opportunity to respond, shall be given to all parties of record.

003.03E Filing and notice of filing provided under subsection 003.03D shall not be considered on the record and reasonable notice for purposes of the definition of ex parte communications.

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